Rodderick Mackenzie

DONALD MUNR0, No. 1; DONALD FRAZER, No. 8; Mr. JOHN MACKEY.—These witnesses say that the prisoner marched from the first with Lord Cromartie’s regiment to Perth, and was with it at the battle of Falkirk, being constantly with it everywhere else. He marched with said regiment into Caithness to raise men for the Pretender, and returned with it to Dunrobin Castle, where he was taken prisoner with Lord Cromartie. DUNCAN MACDONALD. — The prisoner was an Ensign in Lord Cromartie’s regiment, and mounted guard at Perth before the battle of Falkirk, dressed in highland clothes, a white cockade, and armed with sword and pistols. The prisoner and one Hector Mackenzie, another officer in said regiment, confined the witness one night at Perth on suspicion of his carrying letters from the King’s army. HECTOR CAMPBELL.—I saw prisoner with Cromartie’s regiment when it was in Caithness, and often afterwards upon the march from thence to Dunrobin Castle in Sutherland. Capt. EYRE; Lieut. MOORE.—.Prisoner told these gentlemen he was a Lieutenant in Lord Cromartic’s regiment for five months. Lord Chief Justice WILLS.—Not only necessary that the party have a will to get away, but he must also be at liberty to exert that will. If the force continues and there be no opportunity to desert, till the prisoner be taken, it will excuse. But, if an opportunity and that not taken, the original force will not excuse. Strictly it must be such a force as a man can’t resist, and strictly a man ought to suffer death rather than run into a rebellion, but it would be hard to lay that down as a rule in all cases. Circumstances vary cases. All men have not the same degree of courage; fear will work over some more than others. The Jury are not only to consider of the possibility of a man’s escaping, but also the probability. Where doubtful the Jury ought to lean to the favourable side. It was through fear of losing his all, perhaps, that the poor man came to fetch his cattle back again. Every man was retaken that deserted at Falkirk. It might be through fear of being ironed that he made the bargain with Lord Cromartie for that temporary service that has been mentioned. [Information laid at town of Perth—Not guilty.]